[pp.int.general] ACTA: My request to view EU document refused.

Amelia Andersdotter teirdes at gmail.com
Sat Dec 19 05:12:58 CET 2009


You could try reading this document for inspiration:

http://action.ffii.org/acta/Analysis?action=AttachFile&do=get&target=ffii_ombudsman.pdf

2009/12/18 Charly <charlyj at gmail.com>:
> I submitted a request online to view an EU document regarding ACTA
> negotiations. They replied:
>
>>  The General Secretariat of the Council has examined your request on the
>> basis of Regulation (EC) No 1049/2001 of the European Parliament and of the
>> Council regarding public access to European Parliament, Council and
>> Commission documents (Official Journal L 145, 31.5.2001, p. 43) and the
>> specific provisions concerning public access to Council documents set out in
>> Annex II to the Council's Rules of Procedure (Council Decision No
>> 2009/937/EU, Official Journal L 325, 11.12.2009, p. 35) and has come to the
>> following conclusion:
>
>
>>
>> Document 16178/09 is a note from the General Secretariat of the Council to
>> the Working Party on Intellectual Property concerning:ACTA
>> negotiations- Special Requirements Related to the Enforcement of
>> Intellectual Property Rights in the Digital Environment= Draft EU comments.
>
>
>>
>> It is classified as RESTREINT UE. This classification is applied to
>> information and material the unauthorised disclosure of which could be
>> disadvantageous to the interests of the European Union or of one or more of
>> its Member States. This document contains information on trade negotiations
>> which have not yet been completed. Disclosure of this information would
>> impede the proper conduct of the negotiations and prejudice relations
>> between the European Union and certain countries. It would also weaken the
>> future position of the EU in the framework of such multilateral
>> negotiations.
>
>
>>
>> Accordingly, pursuant to third indent Article 4(1)(a) of the Regulation
>> (protection of the public interest with regard to international relations),
>> and in the absence of any evidence of an overriding public interest in
>> release also pursuant to the first subparagraph of Article 4(3) of the
>> Regulation (protection of the decision making process of the Council), the
>> General Secretariat is unable to accede to your request.As the exceptions to
>> the principle of transparency apply to the content of the entire document,
>> the General Secretariat is unable to grant you partial access as provided
>> for in Article 4(6) of the Regulation.
>
>
> Could anyone help me in explaining to them why it is in the public interest
> to unveil these secret negotiations, I would be most grateful.
> Thanks,
> Charly.
>
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-- 
Amelia Andersdotter
Lissabon-MEP
+46 722063698


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